RFQ-SOW-Clauses-WD Boilers Maint 2023 08 03.pdf

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL SERVICES PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This synopsis/solicitation NC-NS3000-23-00678 constitutes a Request for Quotation (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-04.

The National Oceanic Atmospheric Administration (NOAA), National Ocean Service (NOS), Hollings Marine Laboratory (HML), Charleston SC has a requirement for Inspection, Calibration and Servicing for Three (3) Boilers and Two (2) Water Heaters.

CLIN Description Qty Unit Unit Price Total Price

Inspect, Calibrate and Service three (3) Smith Boilers and two (2) Domestic Water Heaters, Hollings Marine Lab, Charleston SC

See attached Statement of Need for detailed specifications.

Base Year: Date of Award through 8/22/2024

Inspect, Calibrate and Service three (3) Smith Boilers and two (2) Domestic Water Heaters, Hollings Marine Lab, Charleston SC See attached Statement of Need for detailed specifications.

Option Year One: 8/23/2024 through 8/22/2025

Inspect, Calibrate and Service three (3) Smith Boilers and two (2) Domestic Water Heaters, Hollings Marine Lab, Charleston SC See attached Statement of Need for detailed specifications.

Option Year Two: 8/23/2025 through 8/22/2026

Inspect, Calibrate and Service three (3) Smith Boilers and two (2) Domestic Water Heaters, Hollings Marine Lab, Charleston SC See attached Statement of Need for detailed specifications.

Option Year Three: 8/23/2026 through 8/22/2027

Inspect, Calibrate and Service three (3) Smith Boilers and two (2) Domestic Water Heaters, Hollings Marine Lab, Charleston SC See attached Statement of Need for detailed specifications.

Option Year Four: 8/23/2027 through 8/22/2028

EA

Purchase Order Type/Evaluation

The Government will award a firm fixed price purchase order based on Lowest Price/Technically Acceptable (LPTA).

Quote shall include all costs associated with each CLIN unless otherwise indicated on the vendor’s quote.

This RFQ is 100% set aside for small businesses. The associated NAICS code is 238220, Plumbing Heating and Air Conditioning Contractor, with a Size Standard of $19M.

Offeror Instructions

Each offeror must provide the following information with the quote:

1. The Request for Quote (RFQ) number;

2. The Name, Address, Telephone Number, and Unique Entity Identifier Number of the Offeror;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ.

Quotes that reject the terms and conditions of the RFQ may be excluded from consideration;

4. Acknowledgment of Solicitation Amendments (SF-30), if any; and

5. Completed Past Performance Reference form (Atch 1).

Contractors who do not respond to items 1 through 5 may be considered non-compliant with the requirements of the solicitation and no further consideration shall be given for award.

Site Visit

Offerors are strongly encouraged to conduct a site visit where the boilers and water heaters are located to satisfy themselves as to all general and local conditions that may affect the cost of the performance of the purchase order, to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for a claim after award of the purchase order. Please contact Richard Sparkman, Richard.Sparkman@noaa.gov, (808) 295-3822; an alternate Point of Contact is Reid Osborne, Reid.Osborne@noaa.gov, (757) 535-2681. Site Visits shall be scheduled and completed no later than August 17, 2023.

Questions

All questions must be submitted in writing to Robin.Souza@noaa.gov by 2:00 PM Eastern Daylight Time (EDT) on August 11, 2023. Telephone inquiries will not be honored.

Quotation Submission Response

Quotes in response to this solicitation shall be submitted electronically via email by 4:00 PM EDT, on August 17, 2023 to the following Government representative(s):

Robin Souza, Contract Specialist Robin.Souza@noaa.gov 757-241-5359

It is the Offeror’s responsibility to ensure that any submission transmitted to the specified Government representative(s) is received prior to the due date specified herein.

Offerors are highly encouraged to contact the Government representative(s) specified above prior to the solicitation’s stated time and date for receipt of offers to ensure the Government has received the submission. Offers received after the date and time specified in this solicitation may be excluded from consideration.

The anticipated award date is on or about August 23, 2023.

Contractors are encouraged to register with the Contract Opportunities Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within Contract Opportunities where this synopsis/solicitation is posted). Offerors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

** Please note: Upon purchase order award and before any service begins, the purchase order issued requires the Contractor to provide evidence meeting the NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy in accordance with the NOAA Acquisition Manual (NAM) Contract Clause 1330-52.222-70.** mailto:Robin.Souza@noaa.gov mailto:Robin.Souza@noaa.gov http://www.sam.gov/

Statement of Work Service/Maintenance of Boilers Systems Located at Hollings Marine Laboratory

331 Fort Johnson Road, Charleston, SC 29412

General

The Hollings Marine Laboratory (HML) is a government owned laboratory, located at 331 Fort Johnson Rd., Charleston, SC 29412, and is seeking the services of a company that will inspect, calibrate and service the three Smith Boilers and two Domestic Water Heaters located at HML on a semiannual and annual basis. The main building has three Smith Cast Iron Dual Fueled Boilers and two PVI Industry Water heaters. The three boilers and two water heaters are located on the second floor in Section E, room E-201 of the building. The company that is retained needs the ability to respond to emergency calls 24 hours a day, 365 days a year.

Objective

The objective is for HML to obtain a multi -year firm fixed price contract for maintenance and repair services on the existing three Smith Cast Iron Boilers and two PVI Water Heaters. The contract is intended to provide complete full maintenance and repair services, preventive maintenance services, 24-hour callback and safety code inspection support services for the three Boilers and two Water Heaters located at the Hollings Marine Laboratory, 331 Fort Johnson Rd, Charleston SC, 29412. The Contractor shall provide all supervision, labor, administrative support, materials, tools, parts, supplies, equipment, and transportation necessary to effectively and efficiently fulfill all the requirements of this Statement of Work (SOW).

The Boilers in this contract have the same manufacturer, model, age, size, and performance characteristics and are subject to moderate use in operating times and pressure loads which are in line with most properties and equipment in the Contractors experience. Consequently, the boilers and water heaters and equipment included in this SOW will require preventative maintenance, service, repair, inspection, and testing similar to most moderately used boilers and water heaters.

The term of this requirement is intended to consist of a one-year base period with four (4) one-year option periods.

Qualifications

The company/contractor must show competency and experience in the operation, maintenance, annual service and repair of the Natural gas/fuel oil fired boilers/water heaters that operate in medium industrial, commercial, institutional, medical and/or academic facilities.

01 CERTIFICATIONS

The Contractor shall provide proof that personnel performing work under this contract have valid state or local license or certification for Boilers covered under this contract. Persons performing maintenance shall have participated in a Certification Program within the last 12 months and be certified.

02 KEY CONTRACTOR PERSONNEL

The Contractor shall identify and provide the Contracting Officer and Government Point of Contact (GPOC) with a list of names and telephone numbers of the key personnel and or a 24-hour emergency contact number of contractor’s personnel who shall be responsible for fulfilling all the requirements of this SOW including responding to emergency callbacks. Contractor’s key person or personnel list shall be provided to the Contracting Officer and GPOC fifteen (15) days prior to the start of the contract and shall be updated when approved changes are made.

The servicing contractor will perform the elements of this statement of work with factory trained, skilled, professional technicians, which are familiar with inspection, maintenance and repair procedures. Evidence of the above requirements shall be included with the vendor's quote.

Scope of Work

A) Service and Repair The contractor will provide the HML with the expert maintenance and repair services for the existing Three dual fire Smith Cast Iron Boilers and their operating controls along with the two PVI Water Heaters and the associated equipment. The service required would be characterized by performance of consistently reliable maintenance and service procedures. Equipment shall be kept in fine tune condition by appropriate repairs, maintenance, calibration and adjustments for peak effectiveness and efficiency, responsiveness on the part of the contractor when any repair or adjustment is needed.

Contractor employees shall at all times, immediately upon arriving to the job site; check-in with the Building Receptionist at the front desk and immediately prior to their departure from the job site shall check-out with the Receptionist at the front desk. During afterhours callbacks; the Contractor employees shall check-in with the building engineer on duty at the rear of the building at the loading dock office.

The contractor shall be responsible for all unscheduled service calls and must be prepared to begin work to make repairs within two (2) hours of being contacted. The contractor personnel must call back to the HML representatives within thirty (30) minutes of being notified of an emergency condition and state the technician’s name and estimated time of arrival at site to begin work. A copy of the service ticket with the complete description of work performed must be left with the Facilities Representative or GPOC after each visit.

If further labor and/or material are required to complete the repair once the condition is under control, the call will be completed as required for a routine call. Each technician will be trained in the following:

1. Lockout – tag out

2. Electrical safety – high voltage

3. Hazardous communications

4. Personal protective equipment

5. Fall protection

B) Semi Annual/Annual Maintenance Inspections

The contractor will provide HML with the expert maintenance services. The contractor shall provide labor and material to perform Semi Annual and Annual maintenance inspections, which include the below. The contractor maybe required to furnish all minor repair labor for the system including the equipment listed below. The service contractor shall furnish all labor, material, lubricants, filters, piping, electrical devices, travel expense, tools, test equipment, machinery and equipment necessary to complete performance of all aspects of Maintenance Inspections described in this Statement of Work.

Boiler (3ea). Includes one annual and one semiannual service.

Using Smith aIM manual perform service to include:

1. Open fireside of boiler and clean.

2. Open waterside of boiler and clean.

3. Inspect, clean, test and replace gaskets in low water cutoffs.

4. Inspect all safety controls and provide written deficiency report.

5. Close and seal fire and watersides of boiler with new gaskets.

6. Lubricate all moving linkages including burner linkage.

7. Lubricate all access studs with 2000-degree lubricant.

8. Clean and/or replace gauge glass and gaskets.

9. Fill boiler and test on natural gas and oil.

10. Set combustion with digital analyzer and provide report.

11. Test all safeties.

12. Leak tests all gas connections.

13. Provide written deficiency report.

14. All work to be performed by factory authorized technicians.

15. Provide semiannual inspection of controls, safeties and combustion.- - -

Domestic Water Heaters (2ea.) includes one annual and one semiannual service.

1. Clean burners and flush waterside.

2. Check all safeties.

3. Make all adjustments.

4. Leak test all gas connections.

5. Check combustion

6. Provide semiannual inspection of controls and safeties.

Boiler and PVI Water Heater Data

Smith Cast Iron Boiler (Dual Fuel) West cast INC.

Westfield MA 01085

Max WP- Steam 15 psi Water 80 psi

Min. relief valve capacity 3031 LBS/HR

Series 28A-12

I=B=R Burner capacity: Light oil 26.5GPH Gas 3844 MBH

I=B=R Net ratings: Steam 9804 sq. ft. 2,353,000 BTU/HR

A.S.M.E valve capacity: 1OOOBTU= 1 LB Steam

Max water temp: 250 degrees

Power Flame Burner Model C3-GO-25HBS-12

Domestic Water Heaters

Maxim Integrated Water Heating System

PVI Industries

Model # 40L250A-MXS

(we have 2 ea. units)

Natural Gas

Capacity 250 gal

Hydrostatic Test Pressure 225 psi

Working Pressure 150

115 volts 60HZ

Min inlet Gas Pressure 4.5" WC

Max inlet Gas Pressure 10.5"WC

C) Safety

• The Contractor shall provide and ensure that all personnel at the work site wear the safety devices/apparel described below when working on the Boiler and Water Heater Systems.

1. Approved back support and protective devices

2. Eye protection in compliance with ANSIZ87.1. -1968.

3. Approved hearing protection

4. Approved hand protection

5. Other safety devices/apparel when conditions warrant

• The Contractor shall furnish documentation as directed by the GPOC of the completion of the approved safety training of equipment operators and other personnel. The safety training shall comply with all OSHA standards and a sample program shall be submitted to the GPOC

• The Safety Officer reserves the right to inspect all areas for safety violations at its discretion, direct the Contractor to make immediate improvement of necessary conditions and/or procedures, and/or stop the work if other hazards are deemed to exist.

• In the event that the Safety Officer should elect to stop work because of any type of existing safety hazards after the Contractor has been notified and provided ample time to correct, the Contractor shall bear all costs for eliminating the hazard(s) and shall not be granted compensation for the work stoppage. The Contractor shall pay all additional expenses.

• The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the contract. The Contractor shall take all necessary precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to persons, properties, equipment and vehicles.

• The Contractor shall, without additional expense to the Client, be responsible for obtaining and renewing all necessary licenses and permits. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s negligence and shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. In addition, the Contractor shall be responsible for all materials delivered and work performed until completion and acceptance of the entire work.

• The Contractor shall comply with all applicable revisions, additions, changes and/or upgrades to any Federal, state, and municipal laws, codes, and regulations which are in effect on the date of contract and which affect the performance of the work.

D) Emergency Services

The Contractor shall provide emergency response (24 hours per day and 7 days per week) as part of the yearly contract with a response time of no more than 2 hours. The contractor must also provide a toll-free number to be answered 24 hours per day for emergency calls. Upon notification by HML, the contractor personnel must call back to the HML representatives within thirty (30) minutes of being notified of an emergency condition, state the technician’s name and estimated time of arrival at site to begin work. Failure to arrive at HML and respond to emergency within two hours may constitute termination of existing contact.

Period of Performance

The base period of performance is one year from the Date of Award. If an option is exercised, the period of performance shall be extended for one year through the end of that option period.

The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

Personnel The contractor shall provide proof that all on-site employees are U.S. citizens or legal aliens. The contractor shall not employ personnel with felony convictions, or with a record of narcotics use, for work at HML. The contractor is responsible for completing a security investigation on all employees working at the HML in connection with this contract.

Conduct of Contractor Personnel

The contractor’s employees are subject to and shall observe and comply with applicable regulations, policies, and procedures. Contractor employees shall not enter restricted areas in accordance with security regulations and safety policies. The Contractor shall be responsible for the selection, certification, assignment, supervision, management, and control of employees with the advice of the Contracting Officer (CO) and/or the Government Point of Contact (GPOC) in the performance of all contract work. The removal from the job site of any employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the terms and conditions of the contract. The Contractor’s employees shall not use offices, rooms, work areas, etc. for their own use. When a task is completed, such employees shall immediately leave the area.

Contract personnel shall not use or operate telephones, radios, computer terminals, or any other Government or privately-owned equipment or property without the express permission of the HML

GPOC. The Contractor’s employees shall not disturb papers on desks, nor open desk drawers or cabinets. Breaks shall not be spent in offices or room areas, but taken only in the assigned rest areas. The Contractor’s employees shall not loiter in any working, patron, or other unauthorized areas. While waiting for transportation, or while on work breaks, they shall not block or impede movement on ramps, doorways, corridors or walkways.

Security Requirements

The Contractor shall fill out any questionnaires or other forms as may be required by the Government for security purposes. All vehicles entering the Fort Johnson Complex are subject to search as authorized by the local South Carolina Department of Resources Law Enforcement or by local Law Enforcement who have joint jurisdiction over the complex. All Contractors will be required to register at front desk and receive a temporary pass for one day.

Work Schedules/Shifts

Excluding emergency services that are required, the Contractor shall accomplish all work for the HML during the hours of 0700 and 1600 Monday through Friday, excluding Federal Holidays.

This allows the flexibility for the contractor to schedule 8 hours of work during a time when HML staff will be at the facility.

Guarantee of Work

Contractor shall guarantee all work and agree to remedy, at its own expense, any defects caused by poor workmanship or materials.

Conformance with Environmental Management Systems

The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility environmental management system (EMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

1. Register at front desk and receive a temporary pass for one day.

2. The front desk personnel will have you read a brief statement concerning the EMS, the

Facility Manager or designated maintenance staff member will convey to the contractor any other items that need to be done to protect HML and the environment issues we have.

IT Security Requirements

The Certification and Accreditation (C&A) or Assessment and Authentication (A&A) requirements of Clause 48 CFR 1352.239-72 do not apply, and a Security Accreditation Package is not required.

Additional Requirements and Provisions

Contractor Qualifications:

In determining the responsibility of a contractor, the following criteria will be considered.

Contractors may be asked to produce evidence so their responsibility can be determined.

1. The contractor must have at the time of proposal any and all applicable licenses as required under the laws of South Carolina, Federal laws, and any local laws or ordinances for the performance of work under this agreement.

2. Adequate capital and credit rating sufficient to complete all operations under this agreement.

3. Whether the contractor can provide the service promptly, or within the time specified, without delay or interference.

4. The character, integrity, reliability, reputation judgment, experience, and efficiency of the contractor.

5. The quality of performance of previous contracts and services.

6. An adequate supply of equipment in good condition and adequate manpower to perform the service.

7. The term of this agreement will be for one year from the date of acceptance by both parties with annual renewal of four additional years subject to 90 days’ notice of any price increase prior to the anniversary date.

8. The contractor must submit an organizational chart of the Service Company showing location of offices and employees that will be associated with the administration and performance of this contract.

Schedule of Deliverables

ITEM DESCRIPTION QUANTITY DUE DATE DELIVER TO

1 Annual

Inspection/Calibrations of

(3) Smith Cast Iron Boilers and Two PVI Water Systems and associated equipment including

1 Annual Richard Sparkman 331 Ft Johnson Road Charleston, SC 29412 808-295-3822

2 Semi Annual Inspection/Calibration maintenance inspections that include two (2) comprehensive inspections and two (2) operational inspections.

1 Semi Annual when

Richard Sparkman 331 Ft Johnson Road Charleston, SC 29412 808-295-3822

3 Emergency Response (24 hours/day and 7 days/week).

1 Continuously Richard Sparkman 331 Ft Johnson Road Charleston, SC 29412 808-295-3822

Government Point of Contact (GPOC)

The GPOC for this purchase order will be Richard Sparkman, (808) 295-3822.

CONTRACT CLAUSES

The Following FAR Clauses are Provided in Full Text:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

xx (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

xx (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

xx (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (14) [Reserved] xx (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

xx (19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

xx (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

xx (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

xx (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

xx (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

xx (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

xx (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50

__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

xx (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

xx (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

xx (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

xx (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

xx (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (49) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_1

(50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

(51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

xx (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

xx (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 https://www.acquisition.gov/far/part-52#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] xx (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

xx (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

xx (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

xx (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

xx (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_42 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_43 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_44 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_51 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_53 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_215_2 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_7 to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (…